Historically Speaking: Whistleblowing’s Evolution, From Rome to the Pentagon Papers to Wikileaks

The exposure 50 years ago of government documents about the Vietnam War ushered in a modern era of leaks, built on a long tradition

The Wall Street Journal

June 12, 2021

The Pentagon Papers—a secret Defense Department review of America’s involvement in the Vietnam War—became public 50 years ago next week. The ensuing Supreme Court case guaranteed the freedom of the press to report government malfeasance, but the U.S. military analyst behind the revelation, Daniel Ellsberg, still ended up being prosecuted for espionage. Luckily for him, the charges were dropped after the trial became caught up in the Watergate scandal.

The twists and turns surrounding the Pentagon Papers have a uniquely American flavor to them. At the time, no other country regarded whistleblowing as a basic right.

The origins of whistleblowing are far less idealistic. The idea is descended from Roman ‘‘Qui Tam’’ laws, from a Latin phrase meaning “he who sues for himself does also for the king.” The Qui Tam laws served a policing function by giving informers a financial incentive to turn in wrong-doers. A citizen who successfully sued over malfeasance was rewarded with a portion of the defendant’s estate.

Daniel Ellsberg, left, testifying before members of Congress on July 28, 1971, several weeks after the publication of the Pentagon Papers.
PHOTO: BETTMANN ARCHIVE/GETTY IMAGES

Anglo-Saxon law retained a crude version of Qui Tam. At first primarily aimed at punishing Sabbath-breakers, it evolved into whistleblowing against corruption. In 1360, the English monarch Edward III resorted to Qui Tam-style laws to encourage the reporting of jurors and public officials who accepted bribes.

Whistleblowers could never be sure that those in power wouldn’t retaliate, however. The fate of two American sailors in the Revolutionary War, Richard Marven and Samuel Shaw, was a case in point. The men were imprisoned for libel after they reported the commander of the navy, Esek Hopkins, for a string of abuses, including the torture of British prisoners of war. In desperation they petitioned the Continental Congress for redress. Eager to assert its authority, the Congress not only paid the men’s legal bill but also passed what is generally held to be the first whistleblower-protection law in history. The law was strengthened during the Civil War via the False Claims Act, to deter the sale of shoddy military supplies.

These early laws framed such actions as an expression of patriotism. The phrase “to blow the whistle” only emerged in the 1920s, but by then U.S. whistleblowing culture had already reigned in the corporate behemoth Standard Oil. In 1902, a clerk glanced over some documents that he had been ordered to burn, only to realize they contained evidence of wrongdoing. He passed them to a friend, and they reached journalist Ida Tarbell, forming a vital part of her expose of Standard Oil’s monopolistic abuses.

During World War II, the World Jewish Congress requested special permission from the government to ransom Jewish refugees in Romania and German-occupied France. A Treasury Department lawyer named Joshua E. Dubois Jr. discovered that State Department officials were surreptitiously preventing the money from going abroad. He threatened to go public with the evidence, forcing a reluctant President Franklin Roosevelt to establish the War Refugee Board.

Over the past half-century, the number of corporate and government whistleblowers has grown enormously. Nowadays, the Internet is awash with Wikileaks-style whistleblowers. But in contrast to the saga of the Pentagon Papers, which became a turning point in the Vietnam War and concluded with Mr. Ellsberg’s vindication, it’s not clear what the release of classified documents by Julian Assange, Chelsea Manning and Edward Snowden has achieved. To some, the three are heroes; to others, they are simply spies.

Historically Speaking: The Winning Ways of Moving the Troops

Since the siege of Troy, getting armed forces into battle zones quickly and efficiently has made a decisive difference in warfare

The Wall Street Journal

May 6, 2021

The massing of more than 100,000 Russian soldiers at Ukraine’s border in April was an unambiguous message to the West: President Putin could dispatch them at any moment, if he chose.

How troops move into battle positions is hardly the stuff of poetry. Homer’s “The Iliad” begins with the Greeks having already spent 10 years besieging Troy. Yet the engine of war is, quite literally, the ability to move armies. Many scholars believe that the actual Trojan War may have been part of a larger conflict between the Bronze Age kingdoms of the Mediterranean and a maritime confederacy known as the Sea Peoples.

The identity of these seafaring raiders is still debated, but their means of transportation is well-attested. The Sea Peoples had the largest and best fleets, allowing them to roam the seas unchecked. The trade network of the Mediterranean collapsed beneath their relentless attacks. Civilization went backward in many regions; even the Greeks lost the art of writing for several centuries.

ILLUSTRATION: THOMAS FUCHS

The West recovered and flourished until the fifth century, when the Romans were overwhelmed by the superior horse-borne armies of the Vandals. Their Central European horses, bred for strength and stamina, transformed the art of warfare, making it faster and more mobile. The invention of the stirrup, the curb bit, and finally the war saddle made mobility an effective weapon in and of itself.

Genghis Khan understood this better than any of his adversaries. His mounted troops could cover up to 100 miles a day, helping to stretch the Mongol empire from the shores of eastern China to the Austrian border. But horses need pasture, and Europe’s climate between 1238 to 1242 was excessively wet. Previously fertile plains became boggy marshes. The first modern invasion was stopped by rain.

Bad weather continued to provide an effective defense against invaders. Napoleon entered Russia in 1812 with a force of over 500,000. An unseasonably hot summer followed by an unbearably cold winter killed off most of his horses, immobilizing the cavalry and the supply wagons that would have prevented his army from starving. He returned with fewer than 20,000 men.

The reliance on pack animals for transport meant that until the Industrial Revolution, armies were no faster than their Roman counterparts. The U.S. Civil War first showed how decisive railroads could be. In 1863 the Confederate siege of Chattanooga, Tenn., was broken by 23,000 Federal troops who traveled over 1,200 miles across seven states to relieve Union forces under General William Rosecrans.

The Prussians referred to this kind of troop-maneuvering warfare as bewegungskrieg, war of movement, using it to crushing effect over the less-mobile French in the Franco-Prussian War. In the early weeks of World War I, France still struggled to mobilize; Gen. Joseph S. Gallieni, the military governor of Paris, famously resorted to commandeering Renault taxicabs to ferry soldiers to the Battle of the Marne.

The Germans started World War II with their production capacity lagging that of the Allies; they compensated by updating bewegungskrieg to what became known as blitzkrieg, or lightning strike, which combined speed with concentrated force. They overwhelmed French defenses in six weeks.

In the latter half of the 20th century, troop transport became even more inventive, if not decisive. Most of the 2.7 million U.S. soldiers sent into the Vietnam War were flown commercial. (Civilian air stewardesses flying over combat zones were given the military rank of Second Lieutenant.)

Although future conflicts may be fought in cyberspace, for now, modern warfare means mass deployment. Winning still requires moving.

Historically Speaking: The Blessing and Curse of ‘Black Gold’

From the pharaohs to John D. Rockefeller, oil has been key to the growth of civilization—but it comes at a high cost.

January 10, 2020

The Wall Street Journal

This January marks the 150th anniversary of the Standard Oil Company, incorporated in 1870 by John D. Rockefeller and three partners. Such was their drive and ruthlessness that within a decade Standard Oil became a vast monopoly, controlling over 90% of America’s oil refineries.

Spindletop Hill in Beaumont, Texas, was the site of the first Texas oil gusher in 1901. PHOTO: TEXAS ENERGY MUSEUM/NEWSMAKERS/GETTY IMAGES

Standard Oil’s tentacle-like grip on U.S. commerce was finally prized loose in 1911, when the Supreme Court broke it up into 33 separate companies. But this victory didn’t put an end to the nefarious activities surrounding “black gold.” In the 1920s, tycoon Edward Doheny was drawn into the Teapot Dome scandal after he gave a $100,000 bribe to Secretary of the Interior Albert Fall. Doheny served as the inspiration for the corrupt and blood-soaked tycoon J. Arnold Ross in Upton Sinclair’s 1927 novel “Oil!” (which in turned inspired the Oscar-winning 2007 film “There Will Be Blood”).

Though clearly responsible for a great many evils, oil has also been key to the growth of human civilization. As the Bible attests, bitumen—a naturally forming liquid found in oil sands and pitch lakes—was used in ancient times for waterproofing boats and baskets. It also played an important role in Egyptian burial practices: The word “mummy” is derived from mumiyyah, the Arabic word for bitumen.

Over the centuries, oil proved useful in a variety of ways. As early as the fourth century, the Chinese were drilling for oil with bamboo pipes and burning it as heating fuel. In Central Eurasia it was a treatment for mange in camels. By the ninth century, Persian alchemists had discovered how to distill oil into kerosene to make light. The oil fields of medieval Baku, in today’s Azerbaijan, brought trade and culture to the region, rather than political oppression and underdevelopment, as is often the case in oil-rich countries today.

The drilling of the first commercial oil well in the U.S., in Pennsylvania in 1859, brought a raft of benefits. In the 19th century, an estimated 236,000 sperm whales were killed to make oil for lamps. The whaling industry died overnight once Standard Oil began marketing a clean-smelling version of kerosene. Plentiful oil also made the automobile industry possible. In 1901, when a massive oil gusher was discovered in Spindletop, Texas, there were 14,800 cars in the U.S.; two decades later, there were 8.5 million.

After World War II, the world’s oil supply was dominated not by private companies like Standard Oil but by global alliances such as OPEC. When OPEC nations declared an embargo in 1973, the resulting crisis caused the price of oil to climb nearly 400%.

At the time, the U.S. depended on foreign suppliers for 36% of its oil supply. Last month, the U.S. Energy Information Administration announced that, thanks to new technologies such as hydraulic fracturing, the country had become a net exporter of oil for the first time in 75 years.

Though helpful geopolitically, America’s oil independence doesn’t solve the environmental problems caused by carbon emissions. Ironically, some of John D. Rockefeller’s own descendants, aided by the multibillion-dollar fortune he bequeathed, are now campaigning against Exxon Mobil —one of the 33 Standard Oil offshoots—over its record on climate change.

WSJ Historically Speaking: The Psychology and History of Snipers

PHOTO: THOMAS FUCHS

Sharpshooters helped turn the course of World War II 75 years ago at the Battle of Stalingrad

The Battle of Stalingrad during World War II cost more than a million lives, making it one of the bloodiest battles in human history. The death toll began in earnest 75 years ago this week, after the Germans punched through Soviet defenses to reach the outskirts of the city. Once inside, however, they couldn’t get out.

With both sides dug in for the winter, the Russians unleashed one of their deadliest weapons: trained snipers. By the end of the war, Russia had trained more than 400,000 snipers, including thousands of women. At Stalingrad, they had a devastating impact on German morale and fighting capability. Continue reading…

WSJ Historically Speaking: On the Trail of Art Looters

A relief from Rome’s Arch of Titus showing the spoils of Jerusalem. PHOTO: DEAGOSTINI/GETTY IMAGES

Since 2014, Islamic State has been doing its best to destroy all traces of pre-Islamic culture in Iraq and Syria. Hammers and explosives aren’t its only tools. The antiquities trade is worth billions, and the self-styled caliphate is funding itself in part by looting and selling ancient treasures.

In late May, the Journal reported that U.S. and European Union authorities were scrutinizing a pair of art dealers as part of a wider investigation into who has been facilitating the market for ancient coins, statues and relics stolen by Islamic State. The dealers say they have done nothing wrong.

Continue reading…